JEMROCK REALTY CO v. 210 WEST 101ST STREET TENANTS ASSOCIATION (1999)

Supreme Court, Appellate Division, First Department, New York.

JEMROCK REALTY CO., Plaintiff-Appellant, v. 210 WEST 101ST STREET TENANTS ASSOCIATION, Defendant-Respondent.

Decided: January 19, 1999

WILLIAMS, J.P., WALLACH, ANDRIAS and SAXE, JJ.

Robert Frederic Martin, for Plaintiff-Appellant. Rose Ann Magaldi, for Defendant-Respondent.

Order, Supreme Court, New York County (Edward Lehner, J.), entered August 13, 1997, which, insofar as appealed from, denied plaintiff landlord's motion for a preliminary injunction enjoining defendant tenant association from holding meetings in the lobby of the parties' building, unanimously affirmed, without costs.

The preliminary injunction was properly denied in view of defendant's “right to meet ․ in any location on the premises ․ which is devoted to the common use of all tenants”, and in the absence of any evidence that defendant's meetings in the lobby have been or are likely to be unpeaceful, obstructive of access to the building or its facilities, or otherwise unsafe Real Property Law § 230[2].

MEMORANDUM DECISION.

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